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High Court of Punjab and HaryanaRA-CR/120/2019disposed of

Urmila And Another v. Krishna Rani And Others

2025-07-10Mrs. Justice Alka Sarin4 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 1.

IN RA-CR-61-CII-2018 IN CR-3523-2014 Date of Decision : 10.07.2025 Urmila & Anr ... Petitioner(s)

Versus

Krishna Rani (deceased) through LRs & Ors ... Respondent(s) 2.

RA-CR-119-2019 (O&M) IN RA-CR-58-CII-2018 IN CR-4119-2014 Jang Bahadur ... Petitioner(s)

Versus

Krishna Rani (deceased) through LRs & Ors ... Respondent(s) CORAM :

HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Brijender Kaushik, Advocate for the review applicant-petitioners.

Mr. Naveen S. Bhardwaj, Advocate and Mr. Jagdeep Singh Rana, Advocate for respondent Nos.1 to 3.

ALKA SARIN, J. (Oral) 1.

This order shall dispose off the above captioned review applications. The main revision petitions being CR-3523-2014 and CR4119-2014 were filed by the tenant-petitioners challenging the orders dated 27.01.2012 passed by the Rent Controller and the order dated 25.04.2014 passed by the Appellate Authority, which were disposed off by this Court vide a common detailed speaking order dated 27.09.2017. Aggrieved by the same, the tenant-petitioners herein preferred a Special Leave Petition (Civil)

-2before the Hon'ble Supreme Court being SLP (C) No.2127 of 2018 wherein on 31.01.2018 the following order was passed : " Learned counsel for the petitioners seeks permission to withdraw these petitions with liberty to file review petition(s) before the High Court.

Permission sought for is granted.

The special leave petitions are dismissed as withdrawn with liberty as afore-mentioned. If the petitioners fail before the High Court, liberty is reserved to them to move this Court once over again challenging the main order(s) as well as the order passed in the Review Petition(s)"

2.

Subsequently, RA-CR-61-CII-2018 and RA-CR-58-CII-2018 were filed. On 12.04.2019 the following order was passed: " To determine the nature of the property in dispute, whether the property falls in the excised area as per notification dated 22.02.1977, hearing the Municipal Corporation, Ambala and the Cantonment Board, Ambala on the dispute has become necessary.

Accordingly, Municipal Corporation, Ambala is impleaded as respondent in the present case. Office to carry out the addition.

Let notice be issued to Municipal Corporation, Ambala, for 14.05.2019.

Registry is directed to inform Mr.Chetan Mittal, Senior Advocate and Assistant Solicitor General for the Union of India and Cantonment Board, to assist this Court. Learned counsel for the petitioner to supply a copy of the petition to Mr.Mittal, during the course of the day. The rate of rent at present is Rs.100/- per month for the shop. The tenant/petitioner-Jang Bahadur, present in the Court

-3has admitted that he has not paid rent since April 2018. If that is so, without going into the legal issue, the petitioner is put to notice that he can be non-suited and ordered to vacate the premises if he does not pay the arrears of rent. However, instead of adopting that course and having regard to the tenancy being very old and the rent very low, the petitioner would deposit a sum of Rs.10,000/- every month by way of mesne profits, before the Registrar (Judicial) of this Court to be kept in a FDR, to earn the maximum rate of interest to be disbursed, subject to final outcome of the petition to the successful party. The rent be paid towards mesne profits for use and occupation on or before 7th day of every month. The arrears of rent @ Rs.100/- till today be also deposited together with the arrears of mesne profits, from the date of the application for mesne profits as an interim measure. If there is default in payment, the petitioner may be pit to summary eviction. The payment of arrears be made on or before the next date of hearing i.e. 14.05.2019."

3.

The above review applications being RA-CR-61-CII-2018 and RA-CR-58-CII-2018 were thereafter dismissed for non-prosecution vide a common order dated 14.05.2019 which reads as under : " No one appears on behalf of the applicant/petitioners nor a pass over is sought. It appears that the applicant/petitioners are delaying the matter to take advantage on purely technical issue/s.

Accordingly, review application is dismissed for nonprosecution. Registry to not to entertain any application in this matter unless a sum of Rs.10,000/- in each case is paid to the opposite party.

-4photocopy of this order be placed on the connected file."

4.

Subsequently, the instant review applications being RA-CR120-2019 and RA-CR-119-2019 were filed for review of the above order dated 14.05.2019.

5.

As per the office report the tenant-petitioners have not deposited any mesne profits in compliance of the order dated 12.04.2019 w.e.f. April 2020 till date. Learned counsel for the tenant-petitioners has also candidly admitted that only ₹2,00,000/- were deposited in the year 2019 and thereafter not a single penny has been deposited by the tenant-petitioners. The said amount of ₹2,00,000/- is lying deposited with the Registrar Judicial of this Court.

6.

In view of the conditional order dated 12.04.2019 and its noncompliance by the tenant-petitioners, no ground is made out to review the order dated 14.05.2019 and hence the present review applications are dismissed. Pending applications/IOINs, if any, also stand disposed off. 7.

As noticed above, whatever amount of mesne profits was deposited by the tenant-petitioners with the Registrar Judicial of this Court, the same be released in favour of the landlord-respondents against proper receipt and identification.

10.07.2025 ( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO